College Cleared of Bias in Firing Disabled Man

Jeff Gilman’s odd behavior may be attributable to a medical condition known as Tourette’s syndrome, but a Superior Court judge found last week that officials of Santa Monica College were within their rights when they fired him.

The ruling by Judge Irving Shimer put an end to Gilman’s effort to get back his job as a part-time video aide and recover three years of lost pay. He had argued that the college violated his civil rights and its own rules against discrimination on grounds of disability.

But Gilman, a ruddy-faced 43-year-old who constantly jiggles the left side of his body and frequently sniffs and snorts, said he had no problem with the decision.

“I was happy to have gotten it as far as it went,” he said. “Whether you finally win or lose to me is not as important as doing the work I did, which helped me regain my self-esteem and my self-confidence.”

He said he hopes to pursue his case through the state workers’ compensation system.

Richard Moore, president of the college, released a statement saying only, “We’re pleased we have a decision by the court.”

At a hearing Tuesday, Shimer found no grounds to overrule college authorities, said Gilman’s attorney, Karen Hartmann of the California School Employees Assn.

“The Tourette’s aspect . . . was acknowledged, but there was a lack of direct evidence to prove this played a role,” she said.

The firing was based on charges of “discourteous, offensive or abusive conduct,” “incompetency” and “repeated or unexcused tardiness or absence,” according to court documents.

Named after French neurologist George Gilles de la Tourette, who first described it in 1825, the syndrome is characterized by repeated involuntary, rapid movements known as tics, which may include blinking, head-jerking, shrugging and facial grimacing, throat clearing, sniffing, tongue-clicking and yelping and other noises.

Some patients also utter obscenities or repeat sounds they just heard, but Gilman’s is a relatively mild case.

He earned a college degree and worked as a substitute teacher before taking the Santa Monica College job, which he held for two years.

Now getting by on Social Security disability payments, Gilman, who is blind in one eye, said he hopes to get back into radio, a field he worked in before coming to Southern California from New York in the mid-1980s.